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TITLE 31NATURAL RESOURCES AND CONSERVATION
PART 2TEXAS PARKS AND WILDLIFE DEPARTMENT
CHAPTER 57FISHERIES
SUBCHAPTER AHARMFUL OR POTENTIALLY HARMFUL FISH, SHELLFISH, AND AQUATIC PLANTS
RULE §57.125Reporting, Recordkeeping, and Notification Requirements

(a) Reporting, recordkeeping, and notification requirements for holders of water spinach culture facility permits are described in §57.118 of this title (relating to Special Provisions--Water Spinach).

(b) Reporting requirements.

  (1) All reports will be submitted on department forms or in a format prescribed by the department, as applicable.

  (2) All annual reports for permits other than for water spinach shall be due by January 31 of the year following the calendar year for which the permit was issued.

  (3) Commercial aquaculture facility.

    (A) The holder of a commercial aquaculture facility permit authorizing aquaculture and sale of controlled exotic species of shrimp or triploid grass carp shall submit to the department an annual report that accounts for the total quantity or weight of controlled exotic species of shrimp or triploid grass carp for all instances of purchase, transfer, sale, importation, exportation, or other disposition of any controlled exotic species during the permit period.

    (B) The holder of a commercial aquaculture facility permit authorizing aquaculture and sale of tilapia is not required to submit an annual report for the tilapia.

  (4) Biological control production. The holder of a permit for biological control production shall submit to the department a report of host plant production, biological control agent production, number and locations of collections and introductions, and number of sales if applicable.

  (5) Research. The holder of a permit for controlled exotic species research shall submit to the department a report describing the research activities conducted on all species listed on the permit.

  (6) Zoological display. The holder of a permit for zoological display shall submit a report accounting for all controlled species in possession, obtained, transferred, or dispatched during the permit year.

  (7) Limited special purpose permits.

    (A) The holder of a limited special purpose permit for tilapia and triploid grass carp sale for private pond stocking issued under §57.114(f)(2) of this title (relating to Controlled Exotic Species Permits) shall submit to the department an annual report that accounts for total quantity or weight of triploid grass carp for all instances of purchase, transfer, sale, importation, exportation, or other disposition during the permit period.

    (B) Holders of limited special purpose permits for possession, transport, and disposal activities not otherwise authorized by the provisions of proposed §57.113 (relating to General Provisions and Exceptions) may be required to submit a report to the department in accordance with permit conditions.

    (C) Reports are not required for other limited special purpose permits.

(c) Recordkeeping requirements for permits. The holder of a permit issued under this subchapter shall maintain at the facility or record-keeping location, and upon the request of any department employee acting within the scope of official duties during normal business hours, promptly make available for inspection:

  (1) copies of transport invoices for the previous one year, generated in accordance with §57.121 of this title (relating to Transport of Live Controlled Exotic Species);

  (2) any other permit or records required by this subchapter; and

  (3) documentation of current permits or authorizations required as a prerequisite for any permits issued under this subchapter and issued under the authority of:

    (A) Water Code, Chapter 26; and

    (B) Agriculture Code, Chapter 134.

(d) Notification requirements for permits.

  (1) Notification requirements for limited special purpose permits for interstate transit are described in §57.121(d) of this title.

  (2) The holder of a permit issued under this subchapter shall notify the department within 24 hours of discovering the escape, release, or discharge of controlled exotic species from their facility or during transport.

  (3) In the event that a facility or facility complex subject to a permit issued under this subchapter appears to be in imminent danger of overflow, flooding, or other circumstance that could result in the escape, release, or discharge of controlled exotic species into public water, the permit holder shall immediately:

    (A) begin implementation of the emergency plan approved by the department to prevent the escape, release, or discharge of controlled exotic species into public water; and

    (B) notify the department in accordance with permit provisions.

  (4) Except in case of an emergency, the holder of a controlled exotic species permit authorizing possession of controlled exotic species of shrimp must notify the department at least 72 hours prior to, but not more than 14 days prior to any harvesting of permitted shrimp. In an emergency, notification of harvest must be made as early as practicable prior to beginning of harvest operations.

  (5) The holder of a commercial aquaculture facility permit must notify the department not less than 72 hours prior to any instance of the import or export of triploid grass carp. The notification must include:

    (A) number of grass carp being purchased;

    (B) source of grass carp;

    (C) ploidy level of grass carp;

    (D) final destination of grass carp;

    (E) name of certifying authority who conducted triploid grass carp certification; and

    (F) name, address, and exotic species permit number of both the transporter and the receiver.


Source Note: The provisions of this §57.125 adopted to be effective January 27, 2021, 46 TexReg 556; amended to be effective November 22, 2021, 46 TexReg 7893

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